concurs in paragraphs two and three of the syllabus, but dissents from paragraph one of the syllabus and from the judgment.
Kerns, J., of the Second Appellate District, sitting for O’Neill, J.concurs in paragraphs two and three of the syllabus, but dissents from paragraph one of the syllabus and from the judgment.
Kerns, J., of the Second Appellate District, sitting for O’Neill, J.